One attacker was armed with a sharp length of broken off baseball bat. Another reportedly picked up a knife on the premises. According to Torrez’s lawyer, C.J. McElhinney, the four men were associated with the East Side Locos gang, and have prior convictions for violent crimes. One of the home invaders was even wearing an electronic ankle bracelet.
Torrez, who has been training for nearly a decade at Gracie Barra Las Cruces, was able to drive the intruders from his home.
In the process, Sal Garces, 25, who entered the home with the wooden shank, was killed. Nathan Avalos, 20, was hospitalized, and arrested when released. Leonard Calvillo, 22, who called Torrez on the phone saying "I’ll kill you and your family ... I’ll go to your house," fled and was later arrested, as was the fourth attacker, Raymond Garces, 19, brother of the deceased. Also arrested were two women who accompanied the four to the home.
The attack is believed to have been precipitated by an incident involving the 17-year-old sister of Torrez’s fiance at a New Year’s Eve Party earlier in the evening. Mr. Elhinney said that the young woman got into some type of altercation there with one or more members of the arrested group. The 17 year old then went to the Torrez home as a safety precaution.
Her judgement proved to be correct - her older sister's fiancee was able to successfully protect his family. However, Torrez's problem appears to be that he won. If the four attackers had made good on their threat, and killed him, attacked his fiance's sister, and wreaked who knows what havoc on the remaining mother and child, Torrez would face no legal issues. But he would be dead.
Dona Ana County (NM) District Attorney Mark D’Antonio said police will recreate the crime scene and use forensic evidence to determine whether Torrez acted in self defense during the invasion on New Year’s Day in Las Cruces. Then prospecutors will decide this month whether or not to bring charges.
Now a harrowing audio tape of the attack has been obtained.